论反垄断民事诉讼——以证明责任分配为中心法学专业论文.docxVIP

1 1 2 2 Abstract On August 1, 2008 ， Is known as economic constitution, anti-monopoly law implemented in our country,the law to maintain the order of socialist market economy of our country, protect the legitimate rights and interests of operators and consumers is very important. In order to strengthen to the illegal monopoly power, the law stipulated in article 50 of the clause regarding civil judicial relief, so established the anti-monopoly civil litigation system in our country,has been clear about the market because of illegal monopoly rights and interests of damage in the body of the can lodge a lawsuit to the court. On May 10, 2012, judicial interpretation of the supreme peoples court issued the antimonopoly law, this judicial interpretation further refine the anti-monopoly civil action in a series of problems, making anti-monopoly civil litigation has more operability in the judicial practice, however, in joy we cant ignore is facing fierce competition in the market these two laws there are still a lot of implementation difficulties. In this paper, through empirical analysis method, The burden of proof allocation as the core, currently in anti-monopoly civil litigation in China on the basis of the understanding of the actual situation, some improvement measures are put forward in the legislative level, hope to be able to of anti-monopoly civil litigation system in our country, make recommendations. In addition, to be sure, the author of the study is a cross department, relating to the economic law and procedure law related knowledge, while this paper focuses on the problems on the distribution of burden of proof, so in the article but more on conceptual problems in economic law, Just do a simple introduce to make it easier for readers to understand. The article consists of four parts except introduction and epilogue. The first part, overview the anti-monopoly civil litigation. This part first from the background of anti-monopoly civil litigation in our count